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FREEDOM PATH, INC. v. INTERNAL REVENUE SERVICE

Civil Action No. 3:14-CV-1537-D.

FREEDOM PATH, INC., Plaintiff, v. INTERNAL REVENUE SERVICE, et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

July 7, 2017.

Editors Note
Applicable Law: 05 U.S.C. § 702
Cause: 05 U.S.C. § 702 Administrative Procedure Act
Nature of Suit: 899 Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision
Source: PACER

Attorney(s) appearing for the Case

Freedom Path Inc, Plaintiff, represented by Christopher K. Gober , The Gober Group PLLC.

Freedom Path Inc, Plaintiff, represented by Jason Brett Torchinsky , Holtzman Vogel Josefiak PLLC, Michael T. Hilgers , Gober Hilgers PLLC, Orrin Lea Harrison, III , Gruber Hurst Elrod Johansen Hail Shank LLP & Stephen Michael Hoersting , The Gober Group.

Internal Revenue Service, Defendant, represented by Gerald Alan Role-DOJ , U.S. Department of Justice, Jeremy N. Hendon , U.S. Department of Justice, Joseph Andrew Sergi , United States Department of Justice & Laura Conner , U.S. Department of Justice.

United States of America, Defendant, represented by Grover Hartt, III , US Department of Justice, Gerald Alan Role-DOJ , U.S. Department of Justice, Jeremy N. Hendon , U.S. Department of Justice, Joseph Andrew Sergi , United States Department of Justice, Laura C. Beckerman , Department of Justice & Laura Conner , U.S. Department of Justice.

Unknown Named Officials of the Internal Revenue Service, Defendant, represented by Gerald Alan Role-DOJ , U.S. Department of Justice, Jeremy N. Hendon , U.S. Department of Justice & Joseph Andrew Sergi , United States Department of Justice.

MEMORANDUM OPINION AND ORDER

The question presented is whether the "facts and circumstances" test of Revenue Ruling 2004-6—which is used by defendant Internal Revenue Service ("IRS") to determine whether an organization that is otherwise exempt from federal income tax under 26 U.S.C. § 501...

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